Embattled ANC Youth League president Julius Malema's lawyers will submit heads of arguments on Monday in his appeal against his five year suspension from the ANC.

Advocate Patrick Mtshaulana said these would detail why Malema's five-year suspension should be overturned.

The suspension will come into force if Malema loses the appeal.

Oral arguments would be presented on January 23, said Mtshaulana.

Malema and other senior ANCYL leaders were suspended after being found guilty of sowing division within the ANC and of bringing the party into disrepute.

This was a result of comments made on bringing about regime change in Botswana.

Heads of argument would also be filed for ANCYL spokesman Floyd Shivambu, who was suspended for three years, deputy president Ronald Lamola, treasurer-general Pule Mabe, secretary-general Sindiso Magaqa and deputy secretary-general Kenetswe Mosenogi.

Mtshaulana said they would try to convince ANC appeals committee chairman Cyril Ramaphosa that they were not given a chance to argue in mitigation of their sentences.

They would also argue that disciplinary committee members, including chairman Derek Hanekom and Mineral Resources Minister Susan Shabangu, should have recused themselves.

This was because they had previously publicly disagreed with the ANCYL's positions on land reform and the nationalisation of mines.

They would further submit that the verdict and sanctions relied on an outdated section of the ANCYL constitution.

Should they lose, Malema and his executive could refer the matter to the ANC's national executive committee, they could seek to have the elective conference in Mangaung review the suspensions, or could head to the courts.

Mtshaulana said he had not yet consulted with Malema on whether he planned to consider those options.